San Francisco County Municipal Code Art. 4 Parades

Sec. 366. Definitions. Sec. 367. Permit Required; Procedure. Sec. 368. Indemnification Agreement. Sec. 369. Grounds for Denial of Application for Parade Permit. Sec. 370. Procedure Following Denial of Application. Sec. 371. Appeals. Sec. 372. Revocation by Police Chief. Sec. 373. Violation of Permit Conditions. Sec. 374. Unlawful to Sponsor or Participate in a Parade Without a Permit or to Interfere With Such Event. Sec. 375. Chief of Police to Establish Lines. Sec. 376. Chief of Police to Divert Parade Around Fire, Etc. Sec. 377. Interference With City Property Prohibited. Sec. 378. Penalties. Sec. 379. Severability.

SEC. 366. DEFINITIONS. For the purpose of Sections 366 to 379 inclusive, the following definitions shall apply: (a) The term "approve," when used in connection with approval of an application for a parade permit by the Chief of Police, means that the Chief of Police has determined that none of the grounds for denying an application, as set forth in Section 369, exists, and that a permit is to be issued once the applicant complies with Section 367, pertaining to applications, and Section 368, pertaining to indemnification. (b) A "business district" is that area adjacent to a public street in which: (1) 50 percent or more of the property fronting upon one side of the street, for a distance of 600 feet, is occupied by structures in use for commercial purposes; or, (2) 50 percent or more of the property fronting upon both sides of the street, considered together and for a distance of 300 feet, is occupied by structures in use for commercial purposes. A business district may be longer than the distances specified in this section if the above ratio of buildings in use for commercial purposes to the length of the street exists. (c) "Chief of Police" includes the Special Events Unit or any representative designated by the Chief of Police. (d) To "issue" a permit is to deliver to an applicant for a parade permit written permission to sponsor or hold an event at a specified date and location. (e) A "parade" is an event, not including an athletic event, in which a group of persons proceed as a collective body for more than one block on any street in the City and County of San Francisco, whether on foot or in any type of vehicle or on an animal or animals, which event obstructs or interferes with the normal flow of vehicular traffic. An "athletic event" is an event in which a group of people collectively

engage in a sport or form of physical exercise on any street in the City and County of San Francisco, including but not limited to jogging, bicycling, racewalking, roller skating or running.The following processions are not included in the definitions of a "parade": (1) processions composed wholly of the military or naval forces of the United States or of the State of California; (2) processions incidental to a wedding or funeral; (3) processions composed of one or more governmental officials or candidates accompanied by security personnel to which such officials or candidates are entitled by virtue of their office or candidacy. Any event taking place entirely on property under the jurisdiction of the Recreation and Park Commission shall be exempt from this ordinance. (f) "Person" shall include and mean any person, firm, association, corporation, club, organization or ad hoc committee. (Added by Ord. 254-84, App. 5/31/84; amended by Ord. 394-88, App. 8/26/88) SEC. 367. PERMIT REQUIRED; PROCEDURE. (a) Any person desiring to sponsor a parade on any street of the City and County of San Francisco, excluding streets on property under the jurisdiction of the Recreation and Park Commission, shall first obtain a permit therefor from the Chief of Police. (b) Written application for such permit should be made to the Special Events Unit at least 60 days in advance in order to insure timely appeal of a denial of the application. However, all applications for permits shall be processed by the Chief of Police so long as they are received at least 15 working days in advance of the proposed date of the event; provided, however, that when the proposed event designates a route which passes through a business district, extends over an area which involves more than five intersections (not including alleys), anticipates a number of participants exceeding 250, or requires the Municipal Railway to substantially alter passenger routes or schedules, the applicant shall apply at least 30 days in advance of the proposed date; provided, further, that the Chief of Police may grant a permit to an applicant who applies less than 15 working days in advance if the Chief of Police determines that the permit application requires no substantial investigation or preparation of the route, which determination shall not be subject to administrative review. (c) The time limitations prescribed above for the filing of a permit application may be waived by the Chief of Police if the applicant can show that the event or events giving rise to the permit application did not reasonably allow the applicant time to file within the time prescribed and imposition of the time limitations would place an unreasonable restriction on the right of free speech. (d) Application shall be made on a form provided by the Chief of Police and shall include: the name, business and home address, and business and home phone number of the applicant (who shall be a natural person), of the sponsor of the event, and of the event organizer (that is, the person responsible for managing and organizing the details of the parade); the relationship of the applicant to the sponsor; proof of the applicant's authority to act on behalf of the sponsor; a description of the route of the event; the names of all streets to be used; the number of participants anticipated; the starting time and expected finishing time of the event; and any other information requested in order to enable the Chief of Police to verify the information required in this subsection. (e) Application for a permit shall be accompanied by a nonrefundable permit application fee, in the amount set forth in Section 2.26 of the Police Code. (f) Applications submitted 60 days or more before the date of the proposed event shall be processed within 30 days. Applications submitted between 30 and 59 days before the date of the proposed event shall be processed within 20 days. Applications submitted between 15 and 29 days before the date of the proposed event shall be processed at least seven days before the date of the proposed event. (g) Applications submitted less than 15 days before the date of the proposed event shall be processed within a reasonable time, which time shall be given to the applicant at the time the applicant is informed that the time limitations set forth in this Section have been waived. (h) If an application is not processed within the time specified in Subsection (f), the applicant may obtain approval of a permit application by providing the Chief of Police with two copies of a letter addressed to the Chief of Police, which letter sets forth the details of the proposed event and the date of the application and the fact that the application has not yet been processed. The applicant shall deliver one copy of the letter and have the second copy file-stamped as proof of having complied with this Section. If the Chief of Police does not process the application within 48 hours of delivery by the applicant of the letter described above, the application shall be deemed approved. (i) The Chief of Police shall issue a permit immediately upon approval of the permit application, and execution and receipt of the indemnification agreement required by Section 368. (j) The Chief of Police shall, as appropriate, transmit copies of any parade permit issued to the Chief of the Fire Department, the Department of Public Works, Emergency Hospital Service, Department of Public Health, and the General Manager of the Municipal Railway. (Added by Ord. 254-84, App. 5/31/84) SEC. 368. INDEMNIFICATION AGREEMENT. The applicant or sponsor of a parade permit must sign an agreement to reimburse the City and County of San Francisco for any costs incurred by it in repairing damage to City property which results from the actions of those sponsoring the event or authorized participants in the event, and to defend the City against and indemnify and hold the City harmle

1/84) SEC. 368. INDEMNIFICATION AGREEMENT. The applicant or sponsor of a parade permit must sign an agreement to reimburse the City and County of San Francisco for any costs incurred by it in repairing damage to City property which results from the actions of those sponsoring the event or authorized participants in the event, and to defend the City against and indemnify and hold the City harmless from any liability to any person which results from the actions of those sponsoring the event or authorized participants in the event. Execution of this agreement must occur at least one calendar

week before the date of the proposed event, unless the application is not approved by that time, in which case the Chief of Police shall designate a reasonable time within which it is to be provided. (Added by Ord. 254-84, App. 5/31/84) SEC. 369. GROUNDS FOR DENIAL OF APPLICATION FOR PARADE PERMIT. The Chief of Police shall approve an application for a parade permit unless he or she determines, from a consideration of the application, or such information as the Chief of Police may otherwise obtain, or both, that: (a) The Chief of Police has reasonable cause to conclude that the applicant or any person or persons participating in the parade will, in connection with that activity, cause physical injury to persons or substantial damage to property; or (b) The conduct of the event will substantially interrupt the safe and orderly movement of other traffic contiguous to its route; or (c) The conduct of the event will require the diversion of so great a number of police officers to properly police the line of movement and the areas contiguous thereto as to prevent normal police protection to the rest of the City and County of San Francisco; or (d) The concentration of persons, animals and vehicles at the assembly areas of the event will unduly interfere with proper fire and police protection of, or ambulance service to, areas contiguous to such assembly areas; or (e) The conduct of the event will interfere with the movement of fire-fighting equipment en route to a fire; or (f) The conduct of the event will substantially obstruct or interfere with any construction or maintenance work scheduled to take place upon or along the public streets; or (g) Another permit application has been received, and has been or may be approved, to sponsor a parade at the same time and place requested by the applicant, or so close in time and place that undue confusion or congestion would result, or the Police Department would bear an unreasonable burden in meeting the request for services by more than one applicant; or (h) The parade will not move from its point of origin to its point of termination in four hours or less, or such other reasonable time limit as set by the Chief of Police in light of all relevant circumstances; or (i) The applicant fails to provide the information requested on the application form or to provide Police Department staff, when requested to do so, with further information in order to enable the Chief of Police to verify the information required on the application form; or (j) The applicant fails to provide proof of approval from other governmental departments or agencies when such approval is legally required; or (k) The applicant fails or refuses to comply with any condition reasonably imposed on the granting of the permit in order to insure the safety of event participants, members of the Police Department or the public, or to insure the orderly flow of traffic, or to avoid the likelihood of harm to public or private property, which conditions may include a change in the route of the event; provided, however, that nothing in this Section shall be deemed to authorize the Chief of Police to impose conditions which unreasonably interfere with the right of free speech; or (l) Other circumstances exist which make it likely that the event would significantly interfere with ordinary activities in the City and County of San Francisco. (Added by Ord. 254-84, App. 5/31/84) SEC. 370. PROCEDURE FOLLOWING DENIAL OF APPLICATION. Upon the denial of any application for a parade permit, the Chief of Police shall inform the applicant of the reason or reasons for the denial in writing. (Added by Ord. 254-84, App. 5/31/84) SEC. 371. APPEALS. The Board of Supervisors shall by motion designate an appropriate committee of the Board to act as a "Committee on Parades" for the purposes of Sections 366 to 379, inclusive, of this Article. The applicant may appeal the denial of an application for a parade permit, or the imposition of conditions on the issuance of a permit, to the Committee on Parades, if such appeal can be timely made. The Committee shall consider such appeal and may either concur in the action of the Chief of Police or overrule such action and order that the permit be approved. If the Committee orders that a permit be approved, it

shall have the authority to impose only such conditions as are recommended by the Chief of Police. (Added by Ord. 254-84, App. 5/31/84; amended by Ord. 394-88, App. 8/26/88) SEC. 372. REVOCATION BY POLICE CHIEF. The Chief of Police may revoke a parade permit if an emergency arises which makes it impossible to assign the necessary personnel to the event and still provide the personnel required elsewhere to protect the public, or if information is obtained after the permit is issued from which the Chief of Police reasonably concludes that the permit should not have been approved for reasons set forth in Section 369. (Added by Ord. 254-84, App. 5/31/84) SEC. 373. VIOLATION OF PERMIT CONDITIONS. If a parade deviates from the route approved by the Chief of Police or if participants violate any conditions contained in the permit, the police officer whom the Chief of Police has designated as the officer in charge of overseeing personnel necessary to police the event may, after warning the participants and providing them with an opportunity to return to the approved route or to follow the permit conditions, revoke the permit. (Added by Ord. 254-84, App. 5/31/84) SEC. 374. UNLAWFUL TO SPONSOR OR PARTICIPATE IN A PARADE WITHOUT A PERMIT OR TO INTERFERE WITH SUCH EVENT. It shall be unlawful for any person to sponsor a parade unless a permit has been issued for the event, or for any person to participate in such an event with the knowledge that the sponsors of the event have not been issued the required permit or with the knowledge that a permit has been issued and subsequently revoked. Nor shall any person interfere with or disrupt a lawful parade undertaken pursuant to a permit, or participate in such event unless designated as a participant by its sponsor. (Added by Ord. 254-84, App. 5/31/84) SEC. 375. CHIEF OF POLICE TO ESTABLISH LINES. (a) The Chief of Police is hereby empowered to establish lines, if he or she deems it necessary, on both sides of the street along the proposed route over which a parade is to pass, and no person or vehicle of any kind, excepting those described in Subsection (b), shall pass over or through said lines. Such lines may be established either by means of a physical barrier, such as a rope, or by designating a curb or some other line of demarcation as the line beyond which no person or vehicle is to pass. (b) Notwithstanding the provisions of Subsection (a), the following persons and vehicles are authorized to cross lines established along a parade route: (i) Any city, county, state or federal peace or fire prevention officer or vehicle responding to an emergency call; or (ii) Ambulances of public or private character, or any other vehicle when such vehicle is employed in carrying a sick or injured person to a hospital or other place for treatment or relief; or (iii) United States Postal Service vehicles; or (iv) Auxiliary fire apparatus or emergency vehicles when responding to a call to a fire, a burglar alarm, or other emergency call; or (v) Any other person or vehicle, including regularly scheduled mass transit vehicles, whose passage is deemed necessary or convenient by the Chief of Police or the police officer whom the Chief of Police has designated as the officer in charge of overseeing Police Department personnel assigned to the event. (Added by Ord. 254-84, App. 5/31/84) SEC. 376. CHIEF OF POLICE TO DIVERT PARADE AROUND FIRE, ETC.

In case of fire, accident or any emergency along the route of a parade, the Chief of Police or the police officer in charge of the detail on the streets along which the parade shall pass, is hereby given full power to divert the parade around such fire, accident or emergency, over and along the nearest cross street from such fire, accident or emergency and shall direct the return of the parade to the route originally authorized. (Added by Ord. 254-84, App. 5/31/84) SEC. 377. INTERFERENCE WITH CITY PROPERTY PROHIBITED. It shall be unlawful for any person to remove, displace or interfere with any socket, pole, wire, ropes or other property of the City and County of San Francisco used in connection with the regulation of a parade. (Added by Ord. 254-84, App. 5/31/84) SEC. 378. PENALTIES. Any person violating any provision of Sections 366 through 379 of this Code shall be deemed guilty of an infraction and upon conviction thereof shall be punished by a fine not to exceed $500. (Added by Ord. 254-84, App. 5/31/84) SEC. 379. SEVERABILITY. If any of the provisions of this Article, or the application of such provisions to any person or circumstances, shall be held invalid, the remainder of this Article, or the application of such provisions to the persons or circumstances other than those to which it is held invalid, shall not be affected thereby. (Added by Ord. 254-84, App. 5/31/84)